IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

PRIMA EXPLORATION, INC., CV 22-140-BLG-SPW Plaintiff/Counter Defendant, ORDER ADOPTING vs. MAGISTRATE’S FINDINGS AND RECOMMENDATIONS NOVA ENERGY, LLC, Defendant/Counter Claimant.

United States Magistrate Judge Timothy Cavan filed Findings and

Recommendations on July 12, 2023. (Doc. 43). Judge Cavan recommended that the Court deny Plaintiff/Counter-Defendant Prima Exploration, Inc.’s Motion to

Dismiss (Doc. 22) and Defendant/Counter-Claimant Nova Energy, LLC’s Motion

to Determine Choice of Law (Doc. 29). (Doc. 43 at 1). Pursuant to

(b)(1), parties are required to file written

objections within 14 days of the filing of the Magistrate’s Findings and Recommendation. No objections were filed. When neither party objects, this

Court reviews the Magistrate’s Findings and Recommendation for clear error.

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

(9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm

conviction that a mistake has been committed.” United States v. Syrax,

(9th Cir. 2000). After reviewing the Findings and Recommendation, this

Court does not find Judge Cavan committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered

by Judge Cavan (Doc. 43) are ADOPTED IN FULL. Plaintiff/Counter-Defendant

Prima Exploration, Inc.’s Motion to Dismiss (Doc. 22) and Defendant/Counter-

Claimant Nova Energy, LLC’s Motion to Determine Choice of Law (Doc. 29) are

DENIED. <r DATED this $/ day of July, 2023.

SUSAN P. WATTERS United States District Judge